In deciding this issue, we construe further the meaning of 11 U. We hold that § 365(d)(3) does not supplant § 503(b) and the Landlords are entitled to “stub rent” as an administrative expense. The court may extend, for cause, the time for performance of any such obligation that arises within 60 days after the date of the order for relief, but the time for performance shall not be extended beyond such 60-day period. In Montgomery Ward, we interpreted what Congress meant when it referred to “obligations of the debtor ․ arising ․ after the order for relief under any unexpired lease of nonresidential real property.” 268 F.3d at 208. The statement supports our conclusion that § 365(d)(3) does not cover the situation in our case. On the contrary, it continued to occupy the Landlords' properties to conduct store-closing sales. Energy, Inc.), 181 F.3d 527, 532-33 (3d Cir.1999) (citing Cramer v. (In re Mammoth Mart, Inc.), 536 F.2d 950, 954 (1st Cir.1976)). In our case, Goody's has continued to occupy the premises post-petition, and it is attempting to do so without providing any post-petition consideration to the Landlords who were still providing services for the premises in the time prior to rejection.
We thus affirm the judgment of the District Court, and do so for essentially the reasons given by Judge Bumb in her excellent opinion. Facts and Procedural Background The relevant facts are undisputed. This subsection shall not be deemed to affect the trustee's obligations under the provisions of subsection (b) or (f) of this section. We determined that the “clear and express intent of § 365(d)(3) is to require the [debtor] to perform the lease in accordance with its terms.” Id. We thus held that “an obligation arises under a lease for the purposes of § 365(d)(3) when the legally enforceable duty to perform arises under that lease.” Id. Goody's argues that this completes the inquiry-the rent was due on June 1, 2008, prior to the petition date, so it did not need to pay for the occupancy from June 9 to June 30 because § 365(d)(3) does not mandate it. The purpose of § 365(d)(3) is to protect landlords from the burdensome requirements of § 503(b)(1) in securing payment from non-occupying debtors; it would be perverse indeed to conclude that it then precluded the use of § 503(b)(1) to secure “stub rent” from a debtor actually occupying the premises. This is similar, though not directly analogous, to the situation in Zagata, where we held that “[a]t a minimum, [a creditor] is ․ entitled to a reasonable value for the use and occupancy of its land as an administrative cost under section 503 of the Bankruptcy Code.” Zagata Fabricators v. Del.2004) (“A landlord is entitled to an administrative claim in the amount of the fair market value of the premises when a debtor occupies and uses them post-petition.” (emphasis added)); In re ZB Co., 302 B.
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— Ozark Fitness in Sikeston will soon offer a new variety of options, including a shake bar, expanded hours, and a competitive fitness program.
Owners have also discussed future expansions, which will likely mean a new location. The former property consists of industrial buildings totaling nearly 160,000 square feet located on 39 acres in the community, according to Lorimont Ltd. Buchheit President Ron Gjerstad said the company had an immediate need for additional industrial storage space in addition to its other 260,000 square foot warehouse in Scott City.
Since the change in ownership, hours have been slightly expanded to 5 a.m.-10 p.m. he logistics services offered at the new warehouse will service its customers from Southeast Missouri and the 48-state region Buchheit serves. Owners Stephen and Denise Worley said they moved because the new spot is more centrally located with higher visibility and easier access for their customers. Glastetter and commercial sales associate Ralph Hendrickson of ERA Cape Realty, 1409-A N. Auburn Road, facilitated the lease on this transaction.
A "Workout of the Day" is also posted on a whiteboard near the entrance. Buchheit Trucking adds Morehouse warehouse MOREHOUSE, Mo.
Johnson said Ozark Fitness is in the process of adding new equipment. — Scott City-based Buchheit Trucking has expanded its warehousing and logistics operation with the purchase of the former Rowe Manufacturing property in Morehouse.